The complainant alleges that the judge had no jurisdiction to take over and combine the Power of Attorney application and the divorce proceedings that involved her.

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The complainant alleges that the judge had no jurisdiction to take over and combine the Power of Attorney application and the divorce proceedings that involved her. During the first hearing, the complainant’s lawyer requested to have access to certain witnesses and ask them to provide sworn statements in court. When this motion was denied, the judge proceeded to a settlement conference where he ordered the consolidation of the matrimonial matter and the Power of Attorney matter. A few months later, the judge held a settlement conference which resulted in an agreement on some basic issues. The complainant was also unhappy about the manner in which the judge conducted these hearings, his alleged attitude (being rude and ridiculing the complainant’s lawyer) and possible bias toward the lawyer.

A review of the audio recordings and transcripts did not support the allegations concerning the attitude of the judge. The supposed lack of jurisdiction to combine the proceedings is not an issue of conduct. The Council advised the complainant that if she believed that her rights to a fair hearing had been breached, her recourse must be before the courts. The matter was closed.

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